Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioner and learned Additional Government Advocate.
The petitioner, has approached this Court by filing the present petition under Article 226 of Constitution, and has prayed for quashing FIR relating to case crime no. 22 of 2010 under Sections 420, 409, 467, 468 and 471 IPC read with Section 3/7 of the Essential Commodities Act of police Station Pisawan, district Sitapur.
We have gone through the contents of the FIR and other documents annexed hereto.
The FIR is outcome of an inquiry and the petitioner who happens to be fair price shop allottee, during the course of inquiry, was found to have committed offence under Section 3/7 Essential Commodities Act as well other sections of the Indian Penal Code. In our opinion, since the allegations made in the FIR disclose commission of cognizable offence as such the same cannot be quashed.
However, seeing that the trivial nature of allegations against the petitioner which are that he was selling kerosene oil at the rate of Rs. 11.00 per liter in place of Rs. 10.50 per liter, we direct that unless and until some more cogent and reliable evidence comes against the petitioner which may culminate in the shape of report under Section 173 Cr.P.C., he shall not be arrested in the above mentioned case crime number. Investigation shall go on and the petitioner shall cooperate with the same.
With the above observations/directions, the petition is finally disposed of.
Order Date :- 2.2.2010 anb